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DECREE No

DECREE No.19-CP OF APRIL 6, 1996 OF THE GOVERNMENT PROMULGATING THE REGULATIONS ON THE RE- EDUCATION OF LAW-BREAKERS AT COMMUNES, WARDS AND TOWNSHIPS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Ordinance on the Handling of Violations of Administrative Regulations of July 6, 1995;

At the proposal of the Minister of Justice and the Minister of the Interior,

DECREES

Article 1.- To promulgate together with this Decree the "Regulations on the re-education of law breakers at communes, wards and townships".

Article 2.- The Minister of Justice, the Minister of Interior, the Minister of Labor, War Invalids and Social Affairs, the Minister of Finance, and the Minister- Chairman of the Vietnam Committee for Child Protection and Care shall have to guide the implementation of the Regulations issued together with this Decree.

Article 3.- This Decree takes effect from the date of its promulgation. The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, and the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree. All stipulations made earlier which are contrary to this Decree are now annulled.

For the Government

The Prime Minister

VO VAN KIET

REGULATIONS ON THE RE- EDUCATION OF LAW-BREAKERS AT COMMUNES, WARDS AND TOWNSHIPS(issued together with Decree No.19-CP of April 6, 1996 of the Government)

Chapter I

GENERAL PROVISIONS

Article 1.- The re-ducation of law-breakers at communes, wards and townships (re-ducation at communes, wards and townships for short) is a measure of administrative punishment decided by the Presidents of the People's Committees of communes, wards and townships against the persons mentioned in Article 2 of these Regulations at their place of residence for a period of 3-6 months.

The Presidents of the People's Committees of communes shall have to organize the management and re-education of those people, and cooperate with the State agencies, social organizations and communities at the grassroots level and the families concerned in helping them mend their ways in order to become citizens useful to society and observant of law and the principles of community life.

Article 2.- The re-education at communes, wards and townships shall be applied to the following people:

1. Persons from 12-16 years old who have committed acts of a less serious character than stipulated in the Penal Code and considering their personal record and their family circumstances, it is not necessary to put them into Re-education Schools;

2. Persons aged 12 or above who have many times committed unruly acts, have been found guilty of theft, gambling and causing social disorder, but who have refused to mend their ways despite efforts by the local administration and people to educate them; but considering their personal history and their family circumstances, it is not necessary to put them into Re-education Schools or Re-education Camps.

3. Those prostitutes and drug addicts who have refused to mend their ways despite warning and education by the local administration and mass organizations, but considering their personal history and their family circumstances, it is not necessary to put them into medical treatment centers.

Re-education at communes, wards and townships shall not be applied to persons under 12 years of age.

Article 3.- The Presidents of the People's Committees at communes shall consider the character, seriousness of the offense, cultural level, occupation, age, family circumstances and social relations of the persons recommended for re-education at communes, wards and townships to decide whether or not to apply this form of punishment and the length of its application.

Article 4.- Re-education at communes, wards and townships must be applied regularly and persistently with a sense of responsibility and understanding toward the subjects.

Article 5.- Any act of infringement on the health, honor and dignity of the persons put to re-education at communes, wards and townships is strictly forbidden, and such persons shall have not to carry out any duty not stipulated by law.

Article 6.- The People's Council and the Fatherland Front at communes and all citizens shall have to supervise the decision and application of the re-education at communes, wards and townships, discover and denounce all law-breaking acts of the persons authorized to apply this measure.

Chapter II

PROCEDURE OF DECIDING THE RE-EDUCATION AT COMMUNES, WARDS AND TOWNSHIPS, FORM AND ORDER OF APPLICATION

Article 7.- The Heads of the police at communes, the representative of the Fatherland Front of the same level, the representatives of State agencies, social organizations and the community at the grassroots level, or the representative of the family concerned may propose to the President of the People's Committee at the commune the form of re-education at communes, wards and townships applied to the persons mentioned in Article 2 of these Regulations.

The proposal can be made in writing and sent to the President of the People's Committee of the commune, or made directly to the representative of the People's Committee of the commune; if the proposal is made directly, it must be recorded in writing.

The written proposal or the written record must specify the place where it is made, the date, month and year of the proposal; the full names and address of the proposer, or the name of the State agency or organization that makes the proposal; the full names, date, month and year of the birth and the place of residence of the person recommended for re-education at communes, wards and townships, and the reason of the recommendation; the written proposal or minutes must bear the signature of the proposer, the minutes must specify clearly the full names and position of the minutes recorder and must bear his/her signature.

The written proposal and the minutes must be made in accordance with the set form.

Article 8.- Within 10 days after receiving the proposal, the President of the People's Committee of the commune shall convene and preside over a meeting including the Head of the police of the commune, the Chairman of the Fatherland Front of the same level, and the representative of the community at the grassroots level. Depending on the situation of the person recommended for re-education, the representatives of the school, the Youth Union, the Women's Union, the Farmers' Association, the Committee for Protection and Education of Children, the People's Inspectorate, and the Reconciliation Team at the grassroots level and the representative of his/her family, or his/her guardian can be invited to attend the meeting.

At the meeting, the proposer shall give the reason and describe the law-breaking acts of the offender and the measures of assistance and education (if any) already applied to him/her. If necessary, the offender can request that he/she be allowed to attend the meeting and defend his/her case. The representatives to the meeting shall give their opinions and decide whether or not to apply the measure of re-education.

The opinions at the meeting must be recorded in writing.

If necessary, the President of the People's Committee of the commune shall assign the Head of the police of the commune to confirm and clarify the law-breaking acts of the offender.

Article 9.- On the basis of the opinions at the meeting as stipulated in Article 8 of these Regulations, the President of the People's Committee of the commune shall consider and issue a decision to apply the measure of re-education to the person proposed; depending on each person concerned, the President of the People's Committee of the commune shall assign the police, the school, social organizations, or the community at the grassroots level (Organization in charge for short) or the family of the offender to manage and educate him/her.

Copies of the decision shall be sent to the offender, his/her family and the Organization responsible for taking care of and educating him/her.

The decision on re-education at communes, wards and townships shall be made in the form stipulated in Article 58 of the Ordinance on the Handling of Violations of Administrative Regulations.

Article 10.- The Organization in charge shall assign a person to directly help the offender and report it to the President of the People's Committee of the commune.

The person assigned to help must regularly meet the offender; through his/her family and friends, seek to know the reason and the circumstances that have led him/her to law-breaking acts, and his/her aspiration; help him/her make a written commitment to mend his/her ways and monitor the implementation of that commitment.

When the person assigned to help is no longer able to help, the Organization responsible for caring for and educate the offender must promptly assign another person to take his place and report it to the President of the People's Committee of the commune.

Article 11.- Within 7 days after decision takes effect, the Organization assigned to care for and educate the offender must organize a meeting to criticize the offender.

Depending on each subject, the Organization in charge shall invite representatives of the State agencies and organizations concerned at the grassroots level such as the Fatherland Front, the Police, the Women's Union, the Farmers' Association, the Youth Union, the community, the family, relatives and neighbors to attend the meeting to criticize the person to be re-educated. The latter must make a self-criticism at the meeting. The delegates attending the meeting shall analyze the errors of the offender and make recommendations and advice to help him/her mend his/her ways and make progress.

With regard to prostitutes, the criticism must be conducted in the presence of the representative of the local Women's Union organization, the person assigned to directly help her, and the representative of her family.

Article 12.- Right after the criticism meeting, the offender must make a written commitment to the President of the People's Committee of the commune, clearly expressing his/her resolve and method to mend his/her ways. The written commitment of juniors in the 12-16 age group must include the opinion of his/her parents or guardian. With regard to illiterates, the commitment must be recorded in writing.

The written commitment must contain also the opinion of the helper, and the offender must directly hand his/her written commitment to the President of the People's Committee of the commune.

Article 13.- The Head of the Organization responsible for caring for and educating the offender must regularly exchange views and discuss with the helper to monitor the situation and progress of the offender, and promptly help him/her overcome difficulties in carrying out this measure; ask the President of the People's Committee of the commune to adopt suitable forms of assistance to the offender such as job training, provision of employment and loan, supply of working instruments and means; create conditions for him/her to earn his/her living; visit him/her when he/she falls ill, or when there is a wedding or funeral in his/her family; and files monthly reports to the President of the People's Committee of the commune on what has been done and the training of the offender.

Article 14.- The offender has to strictly carry out his/her written commitment, actively mend his/her errors; study, earn his/her living honestly, and take part in community activities at the locality; each month he/she must make a self-criticism report before the Organization responsible for his/her management and education on the results of his/her progress in re-education.

Article 15.- If the offender is addicted to drugs or other addictive substances, which has led to his/her family's ruin, those persons who have related rights or interests or the State agency or organization concerned can request the Court to restrict his/her capacity for civil acts, and then report it to the President of the People's Committee of the commune.

Article 16.- While carrying out the measure of re-education, the offender can leave his/her place of residence for a plausible reason, but for no more than one month each time, and the total duration of his/her absence should not exceed one-third of the period of time set for his/her re-education; and he/she must observe the following regulations:

a/ If he/she is absent from his/her place of residence for 10 days or more, he/she must apply for permit from the President of the People's Committee of the commune where he/she resides;

b/ If he/she is absent from his/her place of residence for 11 days to one month, he/she must apply for leave and have the consent of his/her helper; for persons under 16 years of age, they must have the consent of their parents or guardian, and the permission of the President of the People's Committee of the commune where he/she resides. The President of the People's Committee of the commune where the offender resides shall send a written notice to the President of the People's Committee of the commune where he/she comes to stay temporarily for cooperation in controlling and educating him/her. When the time allowed for temporary stay is over, the offender must make a self-criticism report to be verified by the President of the People's Committee of the commune where he/she has stayed temporarily.

The time during which the offender is absent from his/her place of residence shall be accounted for in the term set in the decision if he/she does not violate law at the locality where he/she stays temporarily. If he/she violates law, the time of absence shall not accounted for.

c/ If for such plausible reasons as changing the place of residence, attending school, or finding a stable job in another locality, the offender must make an application with the written consent of his/her helper, and verified by the State agency or organization in the locality where he/she will come to stay, study or work. After considering this application and verification, the President of the People's Committee of the commune where he/she resides shall give the permission, and at the same time, send a written notice and his/her dossier to the President of the People's Committee of the commune where he/she will come to stay, and notify the State agency or organization where he/she will come to work in order to continue controlling and educating him/her.

Article 17.- The offender can express his/her aspiration or petition to the Organization assigned to manage and educate him/her, or to the local administration; he/she can complain or denounce any law-breaking acts of those people related to the decision and the implementation of the measure of re-education at communes, wards and townships according to law.

Article 18.- With regard to the offending minors, the Organization assigned to manage and educate them must closely cooperate with their families, the school, the Youth Union or the Young Pioneers' Brigade to apply suitable forms of education such as club activities, cultural and art activities, labor, physical culture and sports, and other healthy entertainments.

Article 19.- The Head of the police of the commune shall help the President of the People's Committee of the same level in compiling and managing the dossier and monitoring the progress of the offender. A dossier includes:

a/ A curriculum vitae;

b/ A written recommendation for re-education;

c/ The minutes of the meeting to recommend the re-education; a certificate (if any) of the Head of the Police of the commune as stipulated in paragraph 4, Article 8, of these Regulations;

d/ The decision of the President of the People's Committee of the commune to re-educate the offender;

e/ The minutes of the criticism meetings, the monthly reports of the Organization asigned to manage and educate the offender;

f/ The self-criticism and the written commitment of the offender to correct his/her errors;

g/ The papers certifying that he/she has completed re-education, or the decision to annul the re-education measure.

The dossiers on re-education at communes, wards and townships must be closely managed in accordance with the regime of managing dossiers, documents and official dispatches of the State.

Article 20.- When the time for application of the measure of education is over, the President of the People's Committee of the commune shall grant the offender a certificate that he/she has carried out the decision.

The President of the People's Committee of the commune shall send a certificate on the completion of the re-education to the offender, keep a copy of the certificate in the dossier, and at the same time, send a notice to the organization or individual responsible for controlling and educating the offender, and his/her family.

Article 21.- Part of the cost of the re-education shall be taken from the budget of the communes, wards and townships; from the budget allocations for the programs against social vices, and from voluntary contributions by economic organizations, social organizations and the people.

This fund must be used for the purpose of making dossiers, granting loans, helping the offender to earn their living and pay for their medical treatment; giving allowances to their direct helpers, and other services for the re-education work.

With regard to drug addicts and prostitutes, the families of the persons to be re-educated at communes, wards and townships or these persons themselves must pay part of the expenses for their medical treatment. If they are too poor to pay, they may send a written request to the President of the People's Committee of the commune asking for exemption or reduction.

The Ministry of Finance shall have to guide and check the collection, disbursement and management of that fund.

Chapter III

COMMENDATION AND REWARD - HANDLING OF VIOLATIONS

Article 22.- Those organizations and individuals who record achievements in carrying out the stipulations on re-education at communes, wards and townships shall be commended according to the common regime of commendation and reward of the State.

While carrying out the measure of re-education at communes, wards and townships, if the offender makes visible progress, the Organization assigned to manage and educate him/her shall send a written proposal, and the President of the People's Committee of the commune shall issue a decision canceling the application of the measure of re-education for that person. The issue of such decision shall be conducted as stipulated in Article 20 of these Regulations.

Article 23.- If the person authorized to decide and apply the measure of re-education at communes, wards and townships tolerates and covers up acts of infringement on, or he or she infringes on the health, honor and dignity of the offender or violates other stipulations on re-education at communes, wards and townships, he/she shall be fined or examined for penal liability, depending on the character and seriousness of the violation. If he/she causes material damage, he/she must pay compensation as provided for by law.

While carrying out the measure of re-education at communes, wards and townships, if the person to be educated commits new law-breaking acts, he/she shall be subjected to a higher level of administrative fine or examined for penal liability, depending on the character and seriousness of the violation.

On behalf of the Government,

The Prime Minister,

VO VAN KIET